37630 Federal Register / Vol. 72, No.
132 / Wednesday, July 11, 2007 / Rules and Regulations
has communications capabilities and
weather observation reporting when the
Vero Beach tower is closed. Therefore,
the airport will meet criteria for Class E2
airspace. Class E2 surface area airspace
is required when the control tower is
closed to contain Standard Instrument
Approach Procedures (SIAPs) and other
Instrument Flight Rules (IFR) operations
at the airport. This action establishes
Class E2 airspace extending upward
from the surface to and including 2,500
feet MSL within a 4.2-mile radius of the
airport and within 3.2 miles each side
of the 261° bearing from the Vero Beach
Nondirectional Radio Beacon (NDB)
extending from the 4.2-mile radius of
the Vero Beach Municipal Airport to 7
miles west of the NDB.
DATES: Effective Date: 0901 UTC,
October 25, 2007. The Director of the
Federal Register approves this
incorporation by reference action under
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Mark D. Ward, Group Manager, System
Support, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5627.
SUPPLEMENTARY INFORMATION:
History
On May 22, 2007, the FAA proposed
to amend part 71 of the Federal Aviation
Regulations (14 CFR part 71) by
establishing Class E2 airspace at Vero
Beach, FL (72 FR 28623). This action
provides adequate Class E2 airspace for
IFR operations at Vero Beach Municipal
Airport when the tower is closed.
Designations for Class E airspace areas
designated as surface areas are
published in FAA Order 7400.9P, dated
September 16, 2006, and effective
September 16, 2006, which is
incorporated by reference in 14 CFR
part 71.1. The Class E designations
listed in this document will be
published subsequently in the Order.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments objecting to the proposal
were received.
The Rule
This amendment to part 71 of the
Federal Aviation Regulations (14 CFR
rfrederick on PROD1PC67 with RULES
part 71) establishes Class E2 airspace at
Vero Beach, FL.
The FAA has determined that this
proposed regulation only involves an
established body of technical
VerDate Aug<31>2005 14:57 Jul 10, 2007 Jkt 211001
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; 2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
■ In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
■ 1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1 [Amended]
■ 2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9P, Airspace
Designations and Reporting Points,
dated September 1, 2006, and effective
September 15, 2006, is amended as
follows:
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
* * * * * SUPPLEMENTARY INFORMATION: The
ASO FL E2 Vero Beach, FL [NEW]
Vero Beach Municipal Airport, FL
(Lat. 27°39′20″ N., long. 80°25′05″ W.)
Vero Beach NDB
(Lat 27°39′51″ N., long. 80°25′10″ W.)
That airspace extending upward from the
surface to and including 2,500 feet MSL
within 4.2 mile radius of the Vero Beach
Municipal Airport and within 3.2 miles each
side of the 261° bearing from the Vero Beach
NDB extending from the 4.2-mile radius of
the Vero Beach Municipal Airport to 7 miles
west of the NDB. This Class E airspace area
is effective during the specific days and times
established in advance by a Notice to
Airmen. The effective days and times will
PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM
thereafter be continuously published in the
Airport/Facility Directory.
* * * * *
Issued in College Park, Georgia, on June 26,
2007.
Kathy Kutch,
Acting Group Manager, System Support,
Eastern Service Center.
[FR Doc. 07–3346 Filed 7–10–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 552
[BOP–1089–F]
RIN 1120–AA90
Searches of Housing Units, Inmates,
and Inmate Work Areas: Electronic
Devices
AGENCY: Bureau of Prisons, Justice.
ACTION: Final rule.
SUMMARY: This document adopts as final
a Bureau of Prisons (Bureau) proposed
rule on searches of inmates, housing
units, and inmate work areas with
respect to the use of electronic devices.
This document also withdraws the
Bureau’s proposal to amend its rules on
searches of non-inmates, which will be
incorporated into a new and separate
proposed rule. We intend this change to
provide for the continued efficient and
secure operation of the institution and
prevent the introduction of contraband
into Bureau institutions.
DATES: Effective Date: August 10, 2007.
ADDRESSES: Rules Unit, Office of
General Counsel, Bureau of Prisons, 320
First Street, NW., Washington, DC
20534.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
Bureau amends its regulations on
searches of inmates, housing units, and
inmate work areas with respect to the
use of electronic devices (28 CFR part
552, subpart B). This document also
withdraws the Bureau’s proposal to
amend its rules on searches of non-
inmates (28 CFR part 511, subpart B),
which has been incorporated into a
separate rule (72 FR 31178, June 6,
2007, effective July 6, 2007). We
published a proposed rule
contemplating changes to both sets of
rules on February 25, 1999 (64 FR 9431)
(1999 proposed rule).
11JYR1
 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Rules and Regulations
Our current regulations allow for the
use of electronic devices as part of our
general security measures. While the
regulations refer to electronic devices in
general in some instances, in other
instances, they merely refer to metal
detectors.
When we first issued regulations on
this subject, the most commonly used
electronic devices (that we used) were
metal detectors. Due to advances in
technology, new types of electronic
devices (such as ion spectrometers) are
now available which can detect non-
metal contraband, such as narcotics or
illegal drugs. We therefore revise our
regulations to remove possible
confusion regarding the use of the
various electronic devices. Technically,
this is a minor change in policy.
Regulations on searching visitors. The
1999 proposed rule would have
amended current procedures for
searching visitors in the following
manner: We had planned to revise the
definition of reasonable suspicion at 28
CFR 511.11(a), which stated that we
may base reasonable suspicion on a
positive reading of a metal detector, to
state that we may base reasonable
suspicion on an electronic detection
device’s positive reading. We had also
planned to revise the reference to
‘‘electronic means’’ in § 511.12(b)(1) to
read ‘‘electronic devices’’ to maintain
consistency.
However, because the Bureau recently
published a final rule (72 FR 31178,
June 6, 2007, effective July 6, 2007) that
revises regulations on searches of
visitors and other non-inmates, we
withdrew the change contemplated by
the 1999 proposed rule, and revisited
that change as part of the new final rule.
We note that the changes made by the
final rule regarding searches of non-
inmates have no impact on the changes
regarding searches of inmates described
below.
Regulations on searches of housing
units, inmates, and inmate work areas.
The previous regulations required staff
to use the least intrusive search method
practicable, as indicated by the type of
contraband and the method of suspected
introduction. Procedures governing pat
searches of inmates (§ 552.11(a)) further
noted that a metal detector search may
be done under the same circumstances
(i.e., on a routine or random basis to
control contraband).
We revise these provisions to clarify
the role of electronic devices in general.
We redesignate existing procedures in
rfrederick on PROD1PC67 with RULES
§ 552.11 to make room for a new
paragraph (a) regarding electronic
devices. Listing electronic devices first
emphasizes the non-intrusive nature of
such searches.
VerDate Aug<31>2005 14:57 Jul 10, 2007 Jkt 211001
Summary of Public Comment
We received comment from the
American Civil Liberties Union (ACLU)
and five other respondents, all of whom
opposed the proposed rule. The ACLU
commented only with regard to the
portion of the 1999 proposed rule
relating to searches of non-inmates.
Other commenters raised concerns
similar to those of the ACLU. Because
these comments relate to the portion of
the 1999 proposed rule regarding
searches of non-inmates, we will not
address those comments in this
document, as we published a final rule
regarding searching non-inmates (72 FR
31178, June 6, 2007, effective July 6,
2007). We address comments regarding
searches of non-inmates as part of that
new rulemaking.
With regard to the portion relating to
searches of inmates, one commenter
expressed concern that random
sampling was susceptible to racial
profiling. Another was concerned that
Bureau staff would be unable to operate
the electronic detection devices in a fair
manner. We disagree with concerns
raised over possible racial profiling or
the ability of staff to operate the testing
devices in a fair manner. Both training
for staff and documented procedures for
random and follow-up sampling ensure
nondiscriminatory and professional
operation of the testing devices.
Executive Order 12866
This regulation has been drafted and
reviewed in accordance with Executive
Order 12866, ‘‘Regulatory Planning and
Review’’ section 1(b), Principles of
Regulation. The Department of Justice
has determined that this rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review, and
accordingly this rule has not been
reviewed by the Office of Management
and Budget (OMB).
Executive Order 13132
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Director of the Bureau of Prisons,
in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and by
PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM
37631
approving it certifies that this regulation
will not have a significant economic
impact upon a substantial number of
small entities for the following reasons:
This rule pertains to the correctional
management of offenders committed to
the custody of the Attorney General or
the Director of the Bureau of Prisons,
and its economic impact is limited to
the Bureau’s appropriated funds.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by § 804 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This rule will not result in an
annual effect on the economy of
$100,000,000 or more; a major increase
in costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreign-
based companies in domestic and
export markets.
List of Subjects 28 CFR Part 552
Prisoners.
Harley G. Lappin,
Director, Bureau of Prisons.
■ Accordingly, under rulemaking
authority vested in the Attorney General
in 5 U.S.C 301; 28 U.S.C. 509, 510 and
delegated to the Director, Bureau of
Prisons in 28 CFR 0.96, we amend 28
CFR part 552 as set forth below.
Subchapter C—Institutional Management
PART 552—CUSTODY
■ 1. The authority citation for 28 CFR
part 552 continues to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621,
3622, 3624, 4001, 4042, 4081, 4082 (Repealed
in part as to offenses committed on or after
November 1, 1987), 5006–5024 (Repealed
October 12, 1984, as to offenses committed
after that date), 5039; 28 U.S.C. 509, 510.
■ 2. In § 552.11, revise the section
heading, redesignate paragraphs (a)
through (c) as paragraphs (b) through
(d), add a new paragraph (a), and revise
newly redesignated (b) to read as
follows:
11JYR1
 37632 Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Rules and Regulations
§ 552.11 Searches of inmates.
(a) Electronic devices. Inspection of an
inmate using electronic devices (for
example, metal detector, or ion
spectrometry device) does not require
the inmate to remove clothing. The
inspection includes a search of the
inmate’s clothing and personal effects.
Staff may conduct an electronic device
search of an inmate on a routine or
random basis to control contraband.
(b) Pat Search. Inspection of an
inmate using the hands does not require
the inmate to remove clothing. The
inspection includes a search of the
inmate’s clothing and personal effects.
Staff may conduct a pat search of an
inmate on a routine or random basis to
control contraband.
* * * * * 57th Street SE., Charleston, WV 25304.
[FR Doc. E7–13403 Filed 7–10–07; 8:45 am]
BILLING CODE 4410–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2007–0354 ; FRL–8338–7 ]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Delaware,
and West Virginia; Control of
Emissions From Existing Other Solid
Waste Incinerator Units
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
SUMMARY: EPA is notifying the public
that it has received negative
declarations for other solid waste
incinerator (OSWI) units from the States
of Delaware, and West Virginia. These
negative declarations certify that OSWI
units subject to the requirements of
sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist within the
jurisdictional boundaries of these air
pollution control agencies.
DATES: The effective date is July 11,
2007.
ADDRESSES: Docket: All documents are
located in the Regional Material
Edocket, identified by Docket ID
Number EPA–RO3–OAR–2007–0354.
The RME index can be found at http://
docket.epa.gov/rmepub/. Although
listed in the index, some information
may not be publicly available, i.e.,
rfrederick on PROD1PC67 with RULES
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
VerDate Aug<31>2005 14:57 Jul 10, 2007 Jkt 211001
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in RME or in hard copy at
the Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. EPA
requests that if all possible, you contact
the individual listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. Copies of the
State agency submittals are available at
the Delaware Department of Natural
Resources & Environmental Control, 89
Kings Highway, P.O. Box 1401, Dover,
Delaware 19903; and the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
FOR FURTHER INFORMATION CONTACT:
James B. Topsale, P.E. at (215) 814–
2190, or by e-mail at
topsale.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the CAA
require states to submit plans to control
certain pollutants (designated
pollutants) at existing solid waste
combustor facilities (designated
facilities) whenever standards of
performance have been established
under section 111(b) for new sources of
the same type, and EPA has established
emission guidelines (EG) for such
existing sources. A designated pollutant
is any pollutant for which no air quality
criteria have been issued, and which is
not included on a list published under
section 108(a) or section 112(b)(1)(A) of
the CAA, but emissions of which are
subject to a standard of performance for
new stationary sources. However,
section 129 of the CAA, also requires
EPA to promulgate EG for other solid
waste incineration (OSWI) units that
emit a mixture of air pollutants. These
pollutants include organics (dioxins/
furans), carbon monoxide, metals
(cadmium, lead, mercury), acid gases
(hydrogen chloride, sulfur dioxide, and
nitrogen oxides) and particulate matter
(including opacity).
On December 16, 2005 (70 FR 74870,
and 74907), EPA promulgated OSWI
unit new source performance standards,
40 CFR part 60, subparts EEEE, and
emission guidelines (EG), subpart FFFF,
respectively.
The designated facilities to which the
EG apply are existing very small
municipal solid waste combustion
(MWC) units that have a design
combustion capacity of less than 35 tons
per day and institutional waste
incineration units that commenced
PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM
construction on or before December 9,
2004.
Subpart B of 40 CFR part 60
establishes procedures to be followed
and requirements to be met in the
development and submission of state
plans for controlling designated
pollutants. Also, 40 CFR parts 62
provides the procedural framework for
the submission of these plans. When
designated facilities are located in a
state, the state must then develop and
submit a plan for the control of the
designated pollutant. However, 40 CFR
60.23(b) and 62.06 provide that if there
are no existing sources of the designated
pollutant in the state, the state may
submit a letter of certification to that
effect (i.e., negative declaration) in lieu
of a plan. The negative declaration
exempts the state from the requirements
of subpart B that require the submittal
of a 111(d)/129 plan. Under subpart
FFFF, State are required to submit by
December 18, 2006 a negative
declaration or approvable section
111(d)/129 plan.
II. Final EPA Action
The States of Delaware and West
Virginia have determined that there are
no designated facilities, subject to
subpart FFFF requirements, in their
respective air pollution control
jurisdiction. Accordingly, each air
pollution control agency has submitted
to EPA a negative declaration letter
certifying that fact. The submittal dates
of these letters are June 26, and June 2,
2006, respectively.
Accordingly, EPA is amending part 62
to reflect the receipt of these negative
declaration letters from the noted air
pollution control agencies.
Amendments are being made to the
following 40 CFR part 62 subparts: I—
Delaware, and XX—West Virginia.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely notifies
the public of EPA receipt of negative
declarations from state air pollution
control agencies without any existing
OSWI units in their jurisdiction. This
action imposes no requirements.
Accordingly, the Administrator certifies
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